Wednesday, September 12, 2012

For as long as I’ve been writing about the National
Labor Relations Board and social-media use policies, I’ve
been advising businesses to ensure that their policies and guidelines for
employees are reviewed and vetted by legal counsel. That’s because
the NLRB hasn’t been a bit shy in ruling that a number of employers have
violated the National Labor Relations Act when setting such policies. The
problem was that the board hasn’t exactly been forthcoming in providing specific
guidance with respect to what it wants to see in such policies and guidelines in
the first place.

That all changed recently when the agency -- which
is responsible for, among other things, investigating and remedying unfair labor
practices -- issued a 27-page memo (PDF) on the topic. In it, the board reviewed
social-media policies from several businesses that it claims run the risk of
infringing on employees’ free speech and labor rights, then offered guidance for
businesses going forward.

Among the recommendations to businesses when creating and distributing social
media policies for employees are the following six points:

1. Know and follow the rules: All of your employees should
be urged to read your social media policies and guidelines, and you should make
it perfectly clear what is considered inappropriate, being assured that such
acts will not be tolerated.

2. Be respectful: The board suggests that your policy
explicitly state that employees should be “fair and courteous to fellow
associates, customers, members, suppliers or people who work on behalf of the
employer.”

3. Be honest and accurate: This includes never posting
information or rumors that are known to be false.

4. Post only appropriate and respectful content:
Specifically, maintain the confidentiality of company trade secrets and private
or confidential information; express only personal opinions; don’t represent
yourself as a company spokesperson without permission.

5. Use of social media at work: Don’t use company equipment
for personal messaging unless it is work related.

6. Media contacts: Don’t speak to the press without checking
with the company’s human-resources department or function beforehand.

The NLRB acknowledges in the memo that more
fine-tuning of social media policies and guidelines on the part of employers
will be necessary in the future. For example, warning employees about releasing
confidential materials online might sound reasonable, but such action might
prohibit those very same employees from discussing and disclosing information
regarding their own conditions of employment, which the board considers a "protected concerted
activity."

About Me

As a Management Consultant working with Start Up's and Small/Medium size businesses, this forum is to share experiences from the front lines on sales, marketing, people talent, interviewing, sales management and other business related topics.
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